The Death Penalty and Yong Vui Kong

There are a few things running around in blogosphere and although they seem to be one issue, it’s really better to treat them as separate and argue their merits separately. Lumping them together will only dilute the message:

1) Those who are anti-death penalty in all circumstances
2) Those who are anti-death penalty for drug related offences
3) Those who are anti-MANDATORY death penalty for drug offences
4) Those who pity Yong Vui Kong and hopes that he will be spared

Personally, I am mixed on such a grave issue, but precisely because of its graveness there appears to be no room for fence-sitters. Honestly, I think the strong deterrence factor of the death penalty does have its merits especially in today’s chaotic world. Naturally, deterrence is not the only factor in the low number of violent crimes/murder/kidnaps/armed offences that we have in Singapore. A lot of the credit has to go to the effective police force because the strongest deterrence is to know that the likelihood of getting caught is high. I dare say, almost gingerly, that, at least in the case of Singapore, a strong judicial system in tandem with an effective law enforcement agency has resulted in a safe and peaceful society.

Even the Christians ourselves are not agreeable on the death penalty – some say “Thou shall not murder” whereas others say “Thou shall not kill”. In actual fact, there are numerous mentions of instances in the Bible whereby certain offences, like murder, incest, adultery and even stealing (kidnapping to be precise), warrant the death penalty, but on the other hand, we have Jesus admonishing us to “turn the other cheek” and “may he who has not sin cast the first stone”. Was Jesus’ conduct, or at least the retelling of Jesus’ conduct, meant to accentuate his benevolence? What’s the Lord’s stance on death penalty? Is it as written in Romans 13:3-4 – He (Govt) is a servant of God, an avenger for wrath – does it apply to secular societies like ours? But if we return to one of the key text of Christianity, i.e. The Ten Commandments, it clearly says that certain crimes are punishable by death.

So is the death penalty applicable drug trafficking? Considering the adverse effects of drugs and that drugs are highly addictive, I would say that any proponent of death penalty in drugs offences would have many supporters. Some might even argue that the destructive effects of drugs are equivalent to murder (overdose and AIDS), adultery and abducting away loved ones. From government’s point of view, the death penalty and effective enforcement are cornerstones which have kept Singapore relatively free from drugs and its gang-related activities, so why change something that is working.

If that's the case, how can we refine it? Would an increase in weight of narcotics that warrants the death penalty be more humane? Or would it dilute the harsh message that Singapore wants to send out? It seems to me to please neither camp. How about a minimum age for traffickers that can be sentenced to death? That would only make drug bosses use younger mules.

One way of refining the law would be removing the mandatory death sentence and I support this motion. In fact, most of those hanged in Singapore prisons are drug traffickers and Yong Vui Kong would unlikely be the last sad tale behind bars. With its removal, the judge can exercise discretion and compassion when sentencing, whereas currently the judge’s hands are bounded and would have to pass the death sentence if the offender is found to be guilty. Unless their refusal to remove mandatory death penalty stems from the desire to be necessarily draconian and to exonerate the judges from the burden of discretion and making precedence.

Also noteworthy is the fact that drug trafficking is not the only mandatory death penalty offence in Singapore. Murder is another one and we often find that prosecutors seek a lesser charge than murder, for e.g. culpable homicide or manslaughter. Perhaps for a surer conviction due to the lack of evidence, but it is also because different sections of the penal code can be applied to the same act. Are such lesser charges options applicable to drug traffickers who are young/caught in extenuating circumstances?

Finally, for those who sympathize with Yong, although he has another chance with the Court of Appeals, his chances are very slim indeed. After the refusal of clemency from the President, who had consulted the decision with the Cabinet, it seems very unlikely that the courts would rule very differently. If you will, join me in a prayer for Yong and may Yong and his family be strong come what may. It’s sad to see such a young life wasted because of careless youthful exuberance.